Choosing the Nordic Model: Championing Women s Equality and Human Rights A Global Movement to Abolish Prostitution

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2 Choosing the Nordic Model: Championing Women s Equality and Human Rights CORE TEAM Authors Saundra-Lynn Coulter, Megan Walker, Researchers Saundra-Lynn Coulter Megan Walker Research Interns Lauren Frijia Brigitte Ellis Layout and Design Juliana Dalla Costa Contributors Heather Wharram Mary Jo Winkler-Callighen Editors Elizabeth Sheehy Jeanne Sarson, MEd, BScN, RN, Persons Against Non-State Torture Copyright March, 2017: 797 York Street - Unit 5 London, Ontario N5W 6A8 Phone: (519) Fax: (519) info@lawc.on.ca ISBN number

3 DEDICATED TO JESSIE FOSTER Trafficked from Alberta to Las Vegas Missing since March 29, 2006 "I hold to my hope that Jessie will come home. I will never let that go. I want Jessie to come home knowing I never gave up on finding her. My love for Jessie fills all my heart and soul. I will find her or die trying." Glendene Grant, Jessie s Mom If you have information about Jessie or any missing person please call your local police service. 3

4 DEFINITIONS Human Trafficking: According to the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime [Palermo Protocol], Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation (United Nations General Assembly, 2000). For the most part, prostitution as actually practised in the world usually does satisfy the elements of trafficking. It is rare that one finds a case in which the path to prostitution and/or a person s experiences within prostitution do not involve, at the very least, an abuse of power and/or an abuse of vulnerability. Power and vulnerability in this context must be understood to include power disparities based on gender, race, ethnicity and poverty. Put simply, the road to prostitution and life within the life is rarely one marked by empowerment or adequate options (UN Commission on Human Rights 2006: 42). Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs (United Nations General Assembly, 2000). Buyer: Refers to a man, john, punter, or a group of men who buy women or girls for the purpose of sexual exploitation. This can involve group or gang sexualized violence or gang raping. They are also responsible for creating the demand for the sexual exploitation of women and girls. Trafficker(s): In this paper, a trafficker(s) is also referred to as a pimp, Romeo Pimp, Lover Boy, Gorilla Pimp or Popcorn Pimp and is an individual or organized criminal group that sexually exploit predominately women and girls into prostitution through threats, coercion, use of force or use of a position of vulnerability (United Nations General Assembly, 2000). Child Sexual Exploitation: It is illegal in Canada and most countries around the world to sexually exploit underage persons. All people under age 16 in Canada are underage Prostituted, Trafficked and Sexually Exploited Women and Girls: Note that the majority of prostituted, trafficked and sexually exploited persons are women and girls (United Nations Office on Drugs and Crime 2016: 27). 4

5 Ending prostitution by ending the demand for it is what sex equality under law would look like. 1 Catharine MacKinnon, (MacKinnon 2006: 101) 5

6 CONTENTS Dedication. 3 Definitions 4 Executive Summary 7 Background. 7 The s Choices Program.. 8 Key Findings of the Three Prevalent Legislative Models. 11 Summary of Primary Findings of the Prevalent Models 20 Conclusion 23 Recommendations 25 Three Legislative Approaches to Prostitution. 25 The Nordic Model. 25 Decriminalization 26 Legalization 27 Addressing the Red Herrings 27 Conflating Prostitution with Trafficking 27 My Body, My Choice.. 29 Criminalizing Sex Buyers Pushes Prostitution Underground 30 Responding to Amnesty International and UNAIDS.. 31 Amnesty International. 31 UNAIDS Legislative Outcomes Child Sexual Exploitation Trafficking for Sexual Exploitation Organized Crime 43 The Nordic Model. 49 Decriminalized Prostitution Legalized Prostitution. 62 Racism, Colonization and Sexual Exploitation 70 Women s Equality and Human Rights. 72 Conclusion. 75 Recommendations. 77 References. 78 6

7 EXECUTIVE SUMMARY Background In January 2015, during the Canadian federal election campaign, the Protection of Communities and Exploited Persons Act (2014) became an election issue. Prime Minister Justin Trudeau was quoted in the Globe and Mail as telling CTV s Question Period on prostitution, we need to make sure we re basing our decisions on evidence. Trudeau also said the Supreme Court has said the framework that existed was not protecting vulnerable people and women from violence and that is the lens we need to look through as we move forward on this difficult issue (McCarthy 2015). In response to the potential for the Liberal government to re-examine the Act, the commenced an evidence-based research project in June 2016 to study the outcomes of three prevalent approaches to prostitution: the Nordic Model, decriminalization and legalization. The goal of the research is to determine the most effective approach to promoting women s equality and human rights. This research will enable the to contribute evidencebased findings and recommendations to future consultations and discussions regarding the Protection of Communities and Exploited Persons Act. The London Abused Women's Centre (LAWC) is a feminist organization that supports and advocates for personal, social and political change directed at ending men s violence against women. The agency provides counselling, support and advocacy to women abused by their intimate partners and to prostituted, trafficked and sexually exploited girls and women. In 2015, LAWC partnered with Salvation Army Correctional and Justice Services to develop a specialized program for prostituted and trafficked women and girls, their families, and at risk girls, funded by Justice Canada. The resulting project, Choices: Addressing the Needs of Prostituted and Sex Trafficked Women and Girls [Choices], is meeting its goals. During the first 17 months of the program 490 women, girls and youth, and 57 families were provided with either direct or information services. Almost 200 women and girls self-identified as victims of prostitution or trafficking for sexual exploitation, including six girls under the age of 18, 28 women between the ages of 18 and 24 and two transgendered women. Ninety women and girls attended groups dealing specifically with sexual exploitation. 7

8 The has worked with prostituted and sexually exploited women and girls since The agency has learned from comprehensive research and consultation, including listening to the voices of victims and survivors, that the Nordic Model is the most effective approach to promoting women s equality and human rights. The has advocated since 2009 for the Canadian government to adopt legislation that reflects the approach taken in Sweden to decriminalize prostituted persons while criminalizing buyers of women and girls and those who profit from prostitution. On December 6, 2014 the Protection of Communities and Exploited Persons Act became the law in Canada (S.C. 2014, c. 25). 2 The legislation includes a section (s. 213) that criminalizes prostituted women when offering, obtaining, or providing sexual services near day care centres, schools or playgrounds. This section does not reflect the goal of the Nordic Model to promote women s equality and human rights and LAWC remains opposed to its inclusion. The s Choices Program The Choices program, funded by the Department of Justice Canada, is a collaboration between the and Salvation Army Correctional and Justice Services. The program serves women and girls over the age of 12 who are currently, or have been, prostituted and/or trafficked for the purpose of sexual exploitation. This comprehensive program includes: Woman-centred, trauma-informed, long-term counselling, advocacy and support. This includes safety planning, advocacy, referrals, transitional support and systems navigation coordination to help with financial supports, addiction services, mental health supports, employment resources, support with family reunification Outreach supports including crisis counselling, transportation to appointments, support in attending appointments (for example legal and medical), provision for basic needs 2 Protection of Communities and Exploited Persons Act (S.C. 2014, c. 25). Retrieved from the Justice Laws website: 8

9 Group programming for women and girls who have been prostituted or trafficked. Topics include trafficker recruitment tactics, online luring, the impact of trauma, and the interaction between trauma, mental health, and substance use Safety planning, advocacy, and education for family members of girls and women who have been prostituted or trafficked Community outreach and education for at risk youth, girls, and women on issues relating to sexualized trafficking, including recruitment tactics Since the program s inception in July 2015, 547 individuals have participated in the Choices program: 186 survivors of prostitution, trafficking and/or sexual exploitation have been provided with individual counselling or outreach services Of these 186 women and girls: self-identified as being trafficked for the purpose of sexual exploitation - Six disclosed they were under the age of disclosed they were between the ages of 18 and 24 - Two identified as transgender 57 families from across Canada have sought service through the Choices program because their daughters were recruited into trafficking for the purpose of sexual exploitation Of these 57 families, the following was reported: - Almost all families have seen their daughters advertised on Backpage.com - Many families follow their daughters travels across Canada through Backpage.com - Families disclose that their daughters are recruited by both Romeo/Loverboy pimps and organized crime 90 prostituted, trafficked and at risk women and youth have been provided with service through a specialized group addressing recruitment tactics and the relationship between trauma, mental health, and substance use. Some women and girls in the groups have identified as being sex-trafficked. These numbers were not collected until January

10 214 at risk women and youth have been reached through community outreach including on London city streets (women who are homeless and living in poverty), educational institutions, social service agencies, and detention centres Choices Program: A breakdown of service delivery 214 at-risk Youth/Women 186 Prostituted/Sex- Trafficked Women/Girls Individual Counselling/ Outreach Group Counselling 57 Families 90 at-risk Women/Girls Family Advocacy/Counselling Community Outreach Choices Program: Ethnicity and country of origin of women/girls served Series1 0 10

11 Choices Program: Number of exited women/girls (prior to or while receiving service) 41 Exited ProsStuSon 145 Remain ProsStuted or Trafficked Key Findings of the Three Prevalent Legislative Models 1. Demand for Prostitution Nordic Model: There is a significant reduction in the demand for prostitution. Since sex buying was criminalized, the number of men buying women and girls has decreased by 40 percent in Sweden. Decriminalization: There is an increase in the demand for prostitution under the decriminalization approach. According to a trafficking expert, the normalization of prostitution that occurs under decriminalization and legalization is linked to an increased demand for prostitution. This results in an increased number of women and girls being prostituted and sexually exploited in trafficking. Legalization: There is a huge increase in the demand to buy women and girls. Eighty percent of German men have visited brothels, 1.2 million buy women and girls daily and 18 percent buy women and girls regularly. 11

12 2. Number of Women and Girls Prostituted or Sexually Exploited Nordic Model: A smaller number of women and girls are prostituted and sexually exploited in comparison to countries with decriminalization and legalization. Sweden has a smaller number of prostituted women than New Zealand, the Netherlands, Germany, and Victoria (Australia), proportionate to population. Following the ban on sex buying, there has been a decrease in the number of women prostituted on the streets by approximately 50 percent and no increase in the number involved in indoor prostitution. Decriminalization: A larger number of women and girls are prostituted or sexually exploited than under the Nordic Model approach. New Zealand has a higher number of prostituted women than Sweden, proportionate to population. Police in New Zealand report a noticeable increase in the number of girls sexually exploited into prostitution since decriminalization. Legalization: A larger number of women and girls are prostituted or sexually exploited than under either the decriminalization or Nordic Model approaches. The Netherlands, Germany, and Victoria (Australia) all have higher numbers of prostituted women than Sweden, proportionate to population. Researchers found higher numbers of sexually exploited children and significant increases in child sexual exploitation in the Netherlands and Victoria (Australia). 3. Trafficking for Sexual Exploitation, and Sexual Exploitation of Children Nordic Model: The number of women and girls trafficked into Sweden for sexual exploitation is small. Researchers report criminalizing sex buying has reduced the market and made it less profitable and more risky to operate in Sweden than in the Netherlands, Denmark and Germany. Trafficking is reduced and deterred. Police report only small-scale trafficking for the purpose of sexual exploitation. Decriminalization: There is an increased prevalence of trafficking of women and girls under decriminalization compared to the Nordic Model approach. 12

13 Police report widespread trafficking in brothels in Sydney, New South Wales, Australia. Police in many jurisdictions in New Zealand report an increased number of girls being sexually exploited since the decriminalization of prostitution. The research verifies a disproportionate number of these girls are Indigenous/Maori. Legalization: Increased trafficking of girls and women is produced under this model. A study of 150 countries found significantly more trafficking for sexual exploitation into countries with legalized prostitution because of increased demand and an increased market for prostitution. In 2016 in the Netherlands, because of major concerns around the number of women and girls being trafficked for sexual exploitation, Members of Parliament voted to criminalize the buying of women and girls who are coerced/threatened/trafficked into prostitution. Evidence verifies a significant increase in the number of children being sexually exploited in the Netherlands, and Victoria has the highest level of child exploitation in Australia. 4. Risk of Lethality Nordic Model: The risk of lethality for prostituted women is lower under this model than in Germany, New Zealand and the Netherlands. There were no women or girls murdered by johns in Sweden in a 16-year period after the Nordic Model was legislated. Decriminalization: There is a higher risk of lethality for prostituted women under decriminalization in New Zealand than in Sweden. In a 13-year period after legislating decriminalized prostitution, three women were murdered by johns and a fourth by a gang member initiate (where the gang was involved in trafficking women). Legalization: The risk of lethality for prostituted women is highest under legalized prostitution. In a 15-year period after legislating legalized prostitution in the Netherlands, 28 prostituted women were murdered by johns. In a 13-year period after legalized 13

14 prostitution in Germany, 55 women were murdered by johns and there were 29 attempted murders. 5. Violence Nordic Model: Substantially fewer prostituted and sexually exploited women and girls are subjected to violence under this model, which relates to decreased numbers of women and girls in prostitution. Decriminalization: Higher numbers of prostituted and sexually exploited women and girls are subjected to violence than under the Nordic Model approach because there is a higher number of women and girls in prostitution relative to population size. In a survey of prostituted persons in New Zealand, the majority responded that decriminalization had little effect on the prevalence of violence in prostitution. Legalization: Significantly higher numbers of prostituted and sexually exploited women and girls are subjected to violence because legalization results in a higher number of women and girls in prostitution relative to population size. More than half of prostituted women who completed a German survey responded that legalized prostitution is no safer than illegal prostitution. The safety and welfare of prostituted and sexually exploited women and girls is addressed through regulation and licensing. Evidence confirms the regulatory and licensing approach fails to protect the safety of women or improve their situations. The level of violence that prostituted and exploited women and girls are subjected to in Germany is very high: 82 percent have been subjected to psychological violence and 92 percent to sexual assault. Prostituted women and girls are subjected to extraordinarily high levels of psychological trauma. The number of women and girls in prostitution significantly increased in Germany and the Netherlands, meaning that higher numbers of women and girls were subjected to the violence that is inherent in prostitution. Researchers found higher numbers of sexually exploited children and significant increases in child sexual exploitation in the Netherlands and Victoria, Australia. 14

15 An increased number of children were subjected to violence, rape and assault by the sex buyers/johns and sex trafficking grew exponentially in the Netherlands and Germany. 6. Organized Crime Nordic Model: Police report organized crime involvement in prostitution and trafficking has been reduced because a reduced demand for prostitution diminishes the source of income for organized crime and curtails the incentive to be involved in prostitution and trafficking in Sweden. Decriminalization: This model produces a more prevalent involvement of organized crime in prostitution than under the Nordic Model approach. There are reports of substantial links of organized crime and gangs to prostitution. Evidence shows the involvement of organized crime in illegal brothels and massage parlors in New Zealand. Police in New South Wales, Australia report extensive involvement of organized crime, including criminal gangs linked with 40 brothels. Three percent of prostituted persons in New Zealand report being raped by a john/buyer over a 12 month period; 35.3 percent reported they had no choice but to be sexually assaulted by a john/buyer when they wanted to say no. Prostituted women experience high levels of sexual assault, rape, sexual harassment and lethality. In any other situation where women experienced this level of violence, perpetrators would be criminalized. However, decriminalizing prostitution normalizes the violence. Higher numbers of women and girls are violated by buyers, exploited and abused by traffickers, gangs and brothel owners, and are sexual exploited as children than under the Nordic Model approach. Legalization: The involvement of organized crime in prostitution is more prevalent under legalization than under either the decriminalization or Nordic Model approaches. Evidence shows organized crime was extensively involved in the legal prostitution sector in the Netherlands. The City of Amsterdam closed one third of its window brothels and closed its street tolerance zone (Red Light District) in large part 15

16 because of the extensive involvement of organized crime and the exploitation of the prostituted women and girls by pimps and organized crime. 7. Living/Working Conditions Nordic Model: There were no negative effects on the safety or conditions for those in prostitution. There was no evidence of increased risk of physical violence or worsened living conditions for prostituted women and girls. Decriminalization: Health and safety did not improve and working conditions became riskier as the demand for unsafe sex increased. An organization that works on the street with prostituted women in New Zealand reported an increase in exploitation. Legalization: Working conditions have deteriorated and become riskier and the demand for unsafe sex has increased. There is evidence that prostituted women in Germany are working under riskier conditions. In the Netherlands, there have been no improvements; instead women experience generally poorer health and increased drug addiction. 8. Power Imbalance; Power and Control Nordic Model: The power and control of buyers, brothel owners, pimps and traffickers is decreased because they are subject to prosecution for buying/selling women and girls while those in prostitution are not. Criminalizing the buyer, brothel owner, and pimp reduces their power, thereby decreasing the imbalance of power between prostituted women and buyers/pimps. Evidence confirms that prostituted women and exploited girls in Sweden have more leverage over buyers because they can report them to police. Decriminalization: The power and control of brothel owners, buyers and traffickers increased, resulting in a greater power imbalance and increased vulnerability and risk of exploitation. 16

17 A police investigator in Sydney, New South Wales, Australia reported decriminalized prostitution had increased the power of pimps and brothel owners. In New Zealand, the conditions for prostituted women and sexually exploited girls did not improve. Brothel owners and pimps however, had fewer restrictions and less oversight. Legalization: The power and control of brothel owners, buyers and traffickers increased, resulting in a greater power imbalance and increased vulnerability and risk of exploitation. In the Netherlands, a pro-legalization prostitute rights group admitted that legalized prostitution had given traffickers increased control over women. In a German study, 53 percent of those in prostitution reported legalized prostitution had not improved their situation. However, 64 percent of brothel owners reported improvements. 9. Women s Equality and Human Rights Nordic Model: Prostitution is seen as incompatible with women s equality and human rights. This is a major argument for countries adopting the Nordic Model. Patriarchal attitudes and behaviours are demonstrably changing in Sweden. The number of buyers has been reduced by 40 percent. When the French Assembly adopted the Nordic Model in 2016, it acknowledged that prostitution undermines women s human rights and that the adoption of the Nordic Model ensures compliance with international human rights law. Decriminalization: Evidence shows that the harm minimization approach of decriminalization fails to protect and improve the situations of prostituted women and sexually exploited girls. In New Zealand, the number of prostituted women and sexually exploited girls is higher than in Sweden. In comparison to the Nordic Model, more women and girls in New Zealand experience violence, trauma, exploitation and control by gangs, traffickers and organized crime. More children in New Zealand are sexually exploited. 17

18 Decriminalized prostitution normalizes sexual inequality and the commodification of women s bodies. Normalizing men s violence against women and children is inconsistent with a women s equality and human rights approach. Legalization: Evidence shows that the regulatory and licensing approach of legalized prostitution fails to protect women s safety or improve their situations. Legalized prostitution significantly increases the number of women and girls who are exploited in prostitution, controlled by traffickers or organized crime, subjected to violence and trauma and sexually exploited as children. Prostituted women in Germany responded in surveys and interviews that legalized prostitution had not improved their lives: there were no legal, social or economic improvements to their circumstances. Normalizing men s violence against women, sexual inequality and the commodification of women s bodies is inconsistent with a women s equality and human rights approach. 10. Choice Nordic Model: Women are in prostitution because of constrained choice and limited options as a result of many factors including poverty, abuse, child abuse, violence/coercion/force, and childhood sexual exploitation. Evidence shows a large to an overwhelming majority of women want to leave prostitution. An integral part of the Nordic Model is government support for programs to assist prostituted and sexually exploited women and girls including income support, the provision of exit strategies, access to services (for example, transition and permanent housing, healthcare, employment programs and re-training) and public awareness and prevention programs. Decriminalization: Prostitution is considered to be a free choice and a job like any other. This model fails to recognize that women s choices are constrained. Evidence shows a large to an overwhelming majority of women want to leave prostitution. Victims of trafficking for sexual exploitation do not choose to be exploited in prostitution. 18

19 Legalization: Prostitution is defined as a choice and a job like any other. This model fails to recognize that women s choices are constrained. Evidence shows that a large to an overwhelming majority of women want to leave prostitution. Evidence verifies that a high number of prostituted women have been sexually exploited into prostitution as children. 19

20 Summary of Primary Findings of the Prevalent Models Findings Nordic Model Decriminalization Legalization Demand for Prostitution Number of Women and Girls Prostituted or Sexually Exploited Sex Trafficking and Sexual Exploitation of Children Risk of Lethality Significant reduction in demand for prostitution Decreased number of women and girls sexually exploited Small number of women and girls trafficked into Sweden for sexual exploitation Sex-trafficking is reduced and deterred under the Nordic Model Lowest risk of lethality by sex buyers No women or girls murdered by johns in Sweden in 16- year period under Nordic Model Increased demand for prostitution Larger number of women and girls sexually exploited than Nordic Model Increase in underage child sexual exploitation Increased prevalence of sex trafficking of women and girls Police report that sex-trafficking is widespread in brothels in Sydney, New South Wales, Australia Disproportionate number of trafficked victims are Indigenous/Maori Higher risk of lethality by sex buyers Three women murdered by johns and fourth by a gang member in 13-year period Largest increase of three approaches in demand for prostitution Higher numbers of women and girls sexual exploited for purpose of prostitution Significant increase in underage child sexual exploitation Increased prevalence of sex trafficking of women and girls Child sexual exploitation significantly increased Highest risk of lethality by sex buyers 28 prostituted women murdered by johns over 15-year period in the Netherlands 55 prostituted women murdered by johns and 29 attempted murders over 13-year period in Germany 20

21 Findings Nordic Model Decriminalization Legalization Violence Significant decrease in number of prostituted women and sexually exploited girls subjected to violence Organized Crime Living/Working Conditions Organized crime involvement in prostitution is deterred No negative effects on safety or conditions for those in prostitution No evidence of increased risk of physical violence or worsened living conditions for prostituted women and girls under the Nordic model Higher number of prostituted women and sexually exploited girls subjected to violence Organized crime in prostitution is more prevalent Substantial links of organized crime and gangs to prostitution Organized crime involved in illegal brothels and massage parlors in New Zealand Extensive involvement of organized crime in sex trade including criminal gangs linked with 40 brothels in New South Wales in Australia Health and safety conditions did not improve Working conditions are riskier as demand for unsafe sex increased Significantly higher number of prostituted women and sexually exploited girls subjected to violence Organized crime in prostitution most prevalent Organized crime extensively involved in legal prostitution sector in the Netherlands Working conditions deteriorated and are riskier as demand for unsafe sex increased No improvements in the Netherlands; generally poorer health and increased drug addiction 21

22 Findings Nordic Model Decriminalization Legalization Power Imbalance; Power and Control Women s Equality and Human Rights Choice Power and control of sex buyers, brothel owners, pimps and traffickers decreased Decreased imbalance of power between prostituted women and sex buyers/pimps Prostitution is seen as incompatible with women s equality and human rights Upholds prostituted women s human rights and gender equality Patriarchal attitudes and behaviours changing demonstrably Overwhelming majority of prostituted women are prostituted because of constrained choice and limited options Power and control of sex buyers, brothel owners, pimps and traffickers increased Greater power imbalance Harm minimization approach inconsistent with women s equality and human rights Normalization of sexual inequality and commodification of women s bodies Prostitution is matter of choice and job like all others Fails to recognize women s choices are constrained Large majority to overwhelming majority of prostituted women want to exit Power and control of sex buyers, brothel owners, pimps and traffickers increased Greater power imbalance Harm minimization approach is inconsistent with women s equality and human rights Normalization of sexual inequality and the commodification of women s bodies Prostitution is defined as choice and job like any other Fails to recognize most women do not want to be prostituted and women s choices are constrained Large majority to overwhelming majority of prostituted women want to exit 22

23 Findings Nordic Model Decriminalization Legalization Men s Violence Against Women Recognizes prostitution as men s violence against women Prostitution is inherently violent Inherent violence in prostitution is normalized Harms in prostitution are characterized as workplace health and safety issues Three percent of prostituted women report being raped by john/sex buyer over 12 months; 35.3 percent reported no choice but to have sex with a john/sex buyer when they wanted to say no Inherent violence in prostitution is normalized Safety and welfare of prostituted women and girls is addressed through regulation and licensing High level of violence in Germany: 82 percent subjected to psychological violence; 92 percent sexually assaulted Higher numbers of sexually-exploited children and significant increases in child sexual exploitation in the Netherlands and Victoria, Australia Increased number of children subjected to violence, rape, and assault by the sex buyers/johns Conclusion The evidence shows the success of the Nordic Model in significantly increasing the safety, equality and human rights of women by decreasing child sexual exploitation, trafficking for sexual exploitation, and the involvement of organized crime. Canada s Protection of Communities and Exploited Persons Act recognizes prostitution as inherently violent and exploitative. The legislation discourages demand for prostitution, which disproportionately impacts women and children, and in particular Indigenous women and children. Prostitution is not a job like any other. In no job would Canadians tolerate the extreme physical, psychological and emotional toll prostituted and sexually exploited women and girls are subjected to in prostitution. Canadians do not expect citizens to work in an 23

24 environment where they are routinely assaulted, sexually harassed, raped, traumatized and face increased rates of homicide. There are no occupation and safety standards that can help eliminate the violence inherent in prostitution. Contrary to the pro-decriminalization/legalization assertion that women choose to sell sex as consenting adults, the evidence is clear that for the vast majority of prostituted women and girls, prostitution is not a free choice. Rather, prostitution almost invariably comes from lack of choice and from the vulnerability of poverty, marginalization, social isolation, oppression, inequality, exploitation, coercion and/or the need for economic survival. An overwhelming majority of women want to leave prostitution but most have no viable alternatives to do so. This is because of the same circumstances women and girls faced when initially prostituted, trafficked or sexually exploited: exploitation of their youth and vulnerability, poverty, homelessness, child abuse, being lured and/or coerced, controlled by a trafficker, gang or organized crime, economic need, drug addiction, need to survive, lack of education and training, social isolation and marginalization. Exiting sexual exploitation and prostitution is extremely difficult for these reasons and because of the impact of physical and psychological trauma experienced by women and girls. There is extensive evidence confirming that a high percentage of prostituted women and girls are trafficked into prostitution and/or controlled by organized crime. The Nordic Model recognizes prostitution as a violation of women s equality and human rights. This understanding is diametrically opposed to the decriminalization and legalization approaches which are premised on the idea that access to a woman s body is a man s human right. Prostitution promotes gender inequality. No country or region can legalize or decriminalize prostitution without normalizing men s violence against women and girls. Legalized and decriminalized prostitution violate women s human rights. 24

25 Recommendations The evidence-based key findings lead to the following recommendations: 1. The Government of Canada must repeal section 213 of the Protection of Communities and Exploited Persons Act 3 and support the amended Act. 2. The Government of Canada must work with police services across the country to ensure enforcement. 3. The Government of Canada must provide increased funding to trauma informed, woman centred agencies working with prostituted and sexually exploited women and girls, and fund specialized training on the legislation for federal, provincial, regional, territorial and local police services. 4. The Government of Canada must consult with feminist advocates to seek bipartisan solutions to ensure compliance with the Canadian Charter of Rights and Freedoms guaranteeing women s equality both before and under the law. THREE LEGISLATIVE APPROACHES TO PROSITUTION The three prevalent legislative approaches to prostitution are the Nordic Model, decriminalization and legalization. The proponents of each claim their approach increases the safety and welfare of women and girls involved in prostitution. The Nordic Model The Nordic Model (also referred to as the Swedish Model), decriminalizes prostituted persons while criminalizing sex buyers and profiteers. The Nordic Model was developed in Sweden based on three philosophies: 1) prostitution is gendered, with women and girls as the overwhelming majority of those prostituted; 2) prostitution is a form of male violence against women; and 3) prostitution is incompatible with women s equality and human rights. The long-term goal of the Nordic Model is to abolish prostitution by decreasing demand. The Nordic Model sees prostitution and trafficking for sexual exploitation as inextricably linked; demand for prostitution fuels trafficking for sexual exploitation. It is a legislative 3 Protection of Communities and Exploited Persons Act (S.C. 2014, c. 25). 213 (1.1). Retrieved from the Justice Laws website: 25

26 approach that recognizes the right of women and girls to live free from the harms and violence inherent in prostitution and sex trafficking (Ekberg 2012: 1). Sweden developed and adopted the Nordic Model in It has since become a viable and successful model addressing women s equality and human rights in the following countries: Norway (2009); Iceland (2009); Northern Ireland (2014); France (2016); and the Republic of Ireland (2017). In 2014, Canada developed and adopted an amended version of the Nordic Model. Notwithstanding almost unanimous opposition from abolitionists and prodecriminalization advocates, the legislation contains a section (213) criminalizing prostituted women when offering, obtaining or providing sexual services near day care centres, schools or playgrounds (Protection of Communities and Exploited Persons Act (S.C. 2014, c. 25). Decriminalization Decriminalization is a harm minimization approach that is premised on the idea that criminalization creates more harms than it prevents. Decriminalized prostitution decriminalizes both the selling and buying of women and girls and presents prostitution as an occupation like any other. It eliminates all laws against prostitution including the acts of pimps and brothel owners and imposes no prostitution specific legislation. This is how decriminalization differs from legalization (Equality Now (n.d.); Barnett & Casavant 2014: 2). New South Wales in Australia (1995) and New Zealand (2003) have adopted a form of decriminalization. However, neither jurisdiction fully meets the criteria as both retain some prostitution specific legislation, making their models hybrids, drawing upon both decriminalization and legalization. In New Zealand, for example, territorial authorities can regulate the location of brothels and restrict prostitution advertising. There is a law against prostituted individuals failing to adopt safer sex practices (Banyard 2016: 163) but no law to condemn buyers who demand and pay more for unsafe sex practices. The goal of decriminalizing prostitution as outlined in New Zealand s Prostitution Reform Act (PRA) is to: Safeguard the human rights of sex workers and protect them from exploitation; promote the welfare and occupational health and safety of sex workers; contribute to public health; and prohibit the use in prostitution of persons under 18 years of 26

27 age. The PRA also established a certification regime for brothel owners. ( Commercial exploitation of children n.d.: 4) Legalization Legalization, like decriminalization, is a harm minimization approach. The difference is under the legalization approach prostitution is regulated with laws around where and when prostitution can take place, normalizing prostitution as a job like any other. Germany (2002), the Netherlands (2000), Denmark (1999) and Victoria, Australia (1994) have all adopted legalized prostitution. Under this approach, brothels are licensed and areas of legalized street prostitution are zoned as prostitution (red light) districts (Bindel & Kelly 2003: 12). The rationale for this approach is that legalization would break the links between prostitution and organized crime, and that levels of violence against women in prostitution would decrease, as women would be working in controlled environments (Bindel & Kelly 2003: 12). The assumption is that because prostitution is no longer an illegal activity, prostituted women will be more likely to report violence and the protection of pimps will no longer be required (Bindel & Kelly 2003: 13). The evidence shows that the women s equality and human rights approach of the Nordic Model is the best legislative approach to address the systemic issues perpetuating prostitution. The harm minimization approaches legislated through decriminalized and legalized prostitution have not benefited prostituted women (Waltman 2011b: ). Rather, the results prove the opposite. Under decriminalized and legalized prostitution, women have less control over the risk level of the sexual encounters (Waltman 2014: 503; Waltman 2011b: 457). Health and safety legislation has failed to improve the safety, health and welfare or the conditions of the workers (Subritzky 2013: 4); and pimps and brothel owners are provided with even more power to require women to do whatever sex buyers demand (Waltman 2014: ; Moran 2016: 2). ADDRESSING THE RED HERRINGS Conflating Prostitution with Trafficking Recently, in Evaluating Canada s Sex Work Laws: The Case For Repeal, Brenda Belak and Darcie Bennett wrote on behalf of Pivot Legal Society that media and government policies in Canada often conflate [trafficking] with sex work and used to equate all 27

28 transactions involving sex with forced sexual services and child sexual exploitation (Belak & Bennett 2016: 65). While allowing some people in Canada engage in sex work through situations of constrained choice, Belak and Bennett contend that the vast majority of people who sell sex in Canada do so of their own volition as a way of earning income. They are not trafficked according to the definitions provided under international or Canadian law (Belak & Bennett 2016: 11, 65). The evidence shows otherwise. According to the Palermo Protocol, to which Canada is a signatory, the Special Rapporteur on the Human Rights Aspects of the Victims of Trafficking in Persons, Especially Women and Children stated in 2006 prostitution as actually practised in the world usually does satisfy the elements of trafficking (Waltman 2014: 515, fn. 321). This observation refutes Belak and Bennett s contention that the definition of trafficking in international law would not apply to the vast majority of those in prostitution in Canada (Belak & Bennett 2016: 11, 65). Rather than conflating prostitution and trafficking, supporters of the Nordic Model identify the connection between prostitution and trafficking and in particular, the causal relationship between the demand to buy sex and the supply of women needed to meet the demand. The supply to meet the increased demand is filled by trafficked and sexually exploited women and girls. Pro-decriminalization and pro-legalization proponents minimize the evidence-based causal link between decriminalized/legalized prostitution and trafficking and child sexual exploitation. Legalizing sex-buying results in increased numbers of buyers. This fuels the demand for more prostitution. This demand creates the incentive for trafficking and exploiting even more women and girls into prostitution involuntarily (Cho, Dreher & Neumayer 2013). Evidence of a reduction in trafficking in Sweden since the ban on buying women and girls demonstrates this causal link (Jakobsson & Kotsadam 2013). Enforcement of the law criminalizing buyers has decreased demand in Sweden and deterred traffickers who have less incentive to traffic women (Bindel & Kelly 2003: 29). Banning buying deters sex traffickers and reduces the number of women and girls who are trafficked for sexual exploitation. This is a strong argument and cannot be dismissed by Nordic Model opponents as conflating prostitution and sex trafficking. 28

29 My Body, My Choice It is simplistic to defend prostitution as an individual woman s right to choose to be exploited. That opinion fails to recognize the systemic issues that prevent women from having free choice: poverty, racism, isolation, violence, coercion, abuse, child abuse, colonization, marginalization and oppression. Even if a small minority of prostituted women assert that it is their right to choose, the focus must be on the vast majority who are the most vulnerable for whom prostitution is not a choice. While the argument often focuses on a hypothetical free woman making an entirely unforced choice, the reality is that many European prostitutes have no such freedom (O Sullivan 2013). Given that in Canada 50 percent of sexually exploited girls and 51 percent of sex trafficked women are Indigenous, it is not only in Europe where prostituted women do not have an entirely unforced choice (Canadian Women s Foundation 2014: 32). Women and girls who are lured/coerced/trafficked, those who have no other practical options particularly because of poverty or addiction, women and girls who are marginalized/indigenous/racialized and those who have been sexually abused and exploited as children represent the overwhelming majority of prostituted women. They do not have free choice (Lloyd 2012). Catharine MacKinnon, Professor of Law at Harvard and Michigan Universities has researched prostitution extensively. She asserts, Prostitution is not a free choice, it s done to survive (Nordiskt Forum 2014). MacKinnon states that it is the poorest people who are vulnerable to being exploited and prostituted so that the lowest caste in India and Indigenous peoples in Canada are overrepresented in prostitution (Nordiskt Forum 2014). Evidence supports the claim by Nordic Model supporters that it is not a choice to be exploited, marginalized or oppressed based on ethnicity, caste or poverty. Prostitution is not a choice but a product of lack of choice, the resort of those with the fewest choices, or none at all when all else fails (MacKinnon 2011: 274). Two British studies of women and girls, who had been or were being prostituted, report that 33 percent had been in care as children; 50 percent were under 18 when they were sexually exploited (into prostitution); 50 percent were homeless when they were prostituted; 50 percent were coerced into prostitution; and, 72 percent were abused as children (Fact: Choice is complicated, n.d.). Given these circumstances, the options 29

30 and choices for most of these women and girls are severely limited (Fact: Choice is complicated, n.d.). The Native Women's Association of Canada (NWAC) states: Aboriginal women are grossly overrepresented in prostitution and among the women who have been murdered in prostitution. It is not helpful to divide women in prostitution into those who choose and those who are forced into prostitution. In most cases, Aboriginal women are recruited for prostitution as girls and/or feel they have no other option due to poverty and abuse. It is the sex industry that encourages women to view prostitution as their chosen identity. (Native Women's Association of Canada 2012: 1) Prostitution promotes sex inequality as it is overwhelmingly women and girls who are bought for sex, coerced, stigmatized and put at risk of violence. They tend to have very limited choices because they are doing this to survive. Buyers are overwhelmingly men who have the choice whether to participate and who hold the power as the consumer with the money that fuels the sex industry, sex trafficking and child exploitation. Catharine MacKinnon concludes, Gender inequality means that it is women who become prostitutes; if prostitution were a free choice, more men would become prostitutes (Nordiskt Forum 2014). Criminalizing Sex Buyers Pushes Prostitution Underground A critique of the Swedish ban on the purchase of sexual services is that it drives prostitution underground thereby increasing the risk of violence and worsening the conditions for women in prostitution. In 2010, the Swedish government conducted an evaluation of the ban against the purchase of sexual services. This research included gathering evidence to evaluate how the ban had affected those involved in prostitution and to consider whether there was evidence to support the concerns that had been voiced about the possible negative impacts of the ban. When the ban on the purchase of sexual services was introduced, various misgivings were voiced. These included fears that criminalization would risk driving prostitution underground, making it harder to reach out to vulnerable persons through social measures, and that the ban would bring an increased risk of physical abuse and generally worsen living conditions for prostitutes. As far as we can judge from the written material and the contacts we have had with public officials and people involved with the issue of prostitution, these fears have not been realized. (Selected extracts of the Swedish government report 2010: 9) 30

31 The speculation that police may have difficulties in finding prostitution if it were to go underground is unfounded. The market for prostitution is dependent on the ability of the sex purchaser to access individuals selling sexual services. As such, venues must be reasonably visible rather than hidden or inaccessible. By extension, it is reasonable to assume police, who have access to the same or more information than johns, can also access these sites (Kelly & Lovett 2016: 135). Detective Inspector Häggström of the Stockholm Prostitution Unit refuted the claim that police cannot find prostitution that has gone underground. Häggström states finding prostitution is not a problem for us because if buyers and exploited women and girls can find each other then so too can the police (Banyard 2016: 206). Kajsa Wahlberg, the National Rapporteur on Trafficking in Human Beings in Sweden, also rejects the logic of the criticism that under the ban on buying sex, police are pushing prostitution activities underground. Wahlberg stated emphatically: Prostitution activities are not and cannot be pushed underground. The profit of traffickers, procurers and other prostitution operators is obviously dependent on [men being able to] access women who they wish to purchase for prostitution purposes. If law enforcement agencies want to find out where prostitution activity takes place, the police can. (Banyard 2016: ) Research shows that while criminalizing buyers in Sweden has resulted in an increased number of women using the internet to connect with johns, it has not been disproportionate to increases found under the approaches of decriminalization or legalization. The increases are attributed to technology. A 2015 report on Sweden found that, while information about sexual services had increased significantly online, there was no evidence of an increase in the actual number of prostituted people (Coy, Pringle & Tyler 2016: 3). RESPONDING TO AMNESTY INTERNATIONAL AND UNAIDS Amnesty International In 2015, Amnesty International proposed supporting all aspects of consensual sex work. Amnesty call[ed] on states to ensure that sex workers enjoy full and equal legal protection from exploitation, trafficking and violence (Amnesty International 2015). Amnesty presented this as a policy that would protect human rights of sex workers (Amnesty International 2015). 31